Legal Question in Family Law in Alabama

I am currently married but we have been separated for over a year and a half. I am engaged to someone knew. If I happen to get pregnant by my new fiancee before I get my divorce. Will our baby be given his last name or my husbands?


Asked on 10/14/10, 2:06 pm

1 Answer from Attorneys

Judson Crump Judson E. Crump, Attorney at Law

You might want to be careful about that. Any child born to you as long as you are married will be presumed to be the children of your husband and not your new lover. It is possible to overcome this presumption with scientific proof like DNA evidence, but you have to first bring the action to establish the kid's paternity. If your husband persists in claiming your new child as his own, he can make it very difficult for your new guy to become recognized as the kid's father.

Simply put: if you are going to be engaging in unprotected sex with a new man, you really really really need to get a divorce first.

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Answered on 10/19/10, 2:57 pm


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